YES |
NO |
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Chapter Reference |
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Does the company have a regularly updated employee handbook and does it state that employment is not guaranteed? |
Chapter 8, Policy Manuals and Employee Handbooks |
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Are hiring managers aware of what questions can and cannot be asked of job applicants? |
Chapter 2, Pre-Employment Issues
Chapter 4, Interviews
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Are medical examinations given to applicants only after the employment offer, and are they given to all applicants in the job category? |
Chapter 3, Pre-Employment Testing |
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What should and should not be asked of personal references? |
Chapter 5, Background Checks
Chapter 16, Employment Litigation
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Is there a discipline policy and do supervisors understand it and apply it consistently? |
Chapter 13, Discipline |
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Should job descriptions be utilized? |
Chapter 2, Pre-Employment Issues |
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Is the company prepared to respond to union-organizing activity? |
Chapter 17, Union Organizing Activity |
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Do supervisors and managers know when a company can be sued for negligent retention or supervision of an employee? |
Chapter 16, Employment Litigation |
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Does law protect whistleblowers? |
Chapter 14, Termination
Chapter 16, Employment Litigation
Chapter 18, Social Media
|
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Can employers record surveillance of employees suspected of wrongdoing? |
Chapter 13, Discipline |
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Are legally enforceable release agreements used to prevent employees from suing after their termination? |
Chapter 14, Termination |
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May an employer terminate an employee or refuse to hire an applicant, based on garnishments? |
Chapter 2, Pre-Employment Issues
Chapter 8, Policy Manuals and Employee Handbooks
Chapter 14, Termination
|
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Are all new hires reported to the proper agencies? |
Chapter 7, New-Hire Reporting |
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Does the company comply with the special requirements for “Internet applicants?” |
Chapter 12, Affirmative Action |
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Are an applicant’s arrest and conviction records factored into employment decisions? |
Chapter 2, Pre-Employment Issues
Chapter 5, Background Checks
|
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What steps need to be taken before performing a background check? |
Chapter 5, Background Checks |
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Are all medical records kept separate from other personnel files? |
Chapter 9, Employee Personnel Files |
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Are employment contracts used? Do hiring managers know what qualifies as an “implied contract?” |
Chapter 10, Employment Contracts
Chapter 14, Termination
|
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Are employees’ performance documented? |
Chapter 13, Discipline |
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Are standards of conduct distributed to employees? |
Chapter 14, Termination |
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Are job applications, resumes and promotion/demotion and discharge letters retained for one year? |
Appendix A, Federal Recordkeeping Requirements |
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Are records of each employee’s name, address, date of birth, occupation, rate of pay, and compensation retained for three years? |
Appendix A, Federal Recordkeeping Requirements |
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Are all required employee notices posted in conspicuous places? |
Appendix B, Posting Requirements |
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May an employee be terminated for excessive absenteeism while they serve jury duty? |
Chapter 14, Termination |
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What should a termination procedure include? |
Chapter 14, Termination |